Under the Utah law governing advance health care directives, provisions have been made for circumstances in which a patient has not signed an advance health care directive and the patient is now unable to communicate his or her wishes regarding health care decisions. Utah Code 75-2a-108 provides a list of surrogates who may act on behalf of the patient in making health care decisions. Under this section of the Utah Code, priority is given first to the patient’s spouse (unless divorced or legally separated). If there is no spouse available or willing to act as surrogate, then priority is given next to the patient’s children. Priority to act as a surrogate for the patient is given next to the following family members (in descending order of priority): a parent; a sibling; a grandchild; or a grandparent.
In the absence of any of the family members listed with priority to act as a surrogate for the patient, then a non-family member may act as a surrogate for the patient in making health care decisions if the person meets the following qualifications:
- is 18 years of age or older;
- has health care decision making capacity;
- has exhibited special care and concern for the patient;
- knows the patient and the patient’s personal values; and
- is reasonably available to act as a surrogate.
A properly executed advance health care directive allows you to name an agent authorized to make important health care decisions on your behalf if you are cannot make decisions or speak for yourself. Making your wishes known can help provide peace of mind to family or loved ones at a time that they need it most. Completing and executing an advance health care directive is not enough; you should also discuss the directive with your family or loved ones. Doing so can help them understand your wishes, and in a time of crisis can provide them with the assurance that they are what you would want them to do.
An advance health care directive is an important piece of any Utah estate plan. Wills, trusts, and powers of attorney also play important roles in the estate planning process. The first step in developing your own personalized Utah estate plan is to consult with an attorney regarding how these tools can benefit you and your family.